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Amendments to Trademark Laws

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Aug 22, 2019 (Newsletter Issue 11/19)
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Criteria for Determining Well-Known Trademarks Issued

A resolution introducing the criteria for determining whether a trademark is well known entered into force in Uzbekistan on July 2, 2019.

According to the resolution, a well-known trademark must be recognized in relation to the goods/services for which it is registered by the relevant public sectors including:
- Actual and/or potential consumers in Uzbekistan; or
- Persons involved in the distribution of the goods/services bearing the trademark; or
- Business circles dealing with the type of goods/services to which the trademark applies.

Furthermore, in order to be recognized as well known:
- The relevant sectors of the public must be able to recognize a certain quality of goods or services in connection with the trademark;
- The trademark must have high inherent distinctiveness, or acquired distinctiveness resulting from its extensive use in Uzbekistan, including the use in domain names in the Uzbek country code top-level domain (ccTLD); and
- The trademark must have commercial value resulting from its continuous and extensive use.